Seeks to levy anti-dumping duty on imports of Sodium Hydrosulphite, originating in, or exported from Peoples Republic of China, for a further period of five years

December, 19th 2012

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No.55 /2012-Customs (ADD)

New Delhi, the 14th December, 2012

G.S.R. 890 (E). -Whereas, the designated authority vide notification No. 15/34/2010-DGAD, dated the 14th October, 2011, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14th October, 2011, had initiated review in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), read with rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, in the matter of continuation of anti-dumping duty on imports of Sodium Hydrosulphite, falling under headings 2831 and 2832 of the First Schedule to the Customs Tariff Act, originating in, or exported from, People’s Republic of China, imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 108/2006-Customs, dated the 16th October, 2006, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.641 (E), dated the 16th October, 2006, read with notification of the Government of India, in the Ministry of Finance (Department of Revenue)No. 133/2009-Customs, dated the 9th December, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.870 (E), dated the 9th December, 2009;

And whereas the designated authority, in its final findings in Sunset Review vide notification No. 15/34/2010-DGAD, dated the 3rd October, 2012, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd October,2012, has come to the conclusion that-

(i) the subject goods entered the Indian market at prices below normal value, resulting in continued dumping;

(ii) the subject goods are likely to enter the Indian market in increased volumes at dumped prices if the anti-dumping duty in force is allowed tocease. The dumping is likely to continue and intensify in the event of cessation of anti dumping duty;

(iii) the domestic industry has suffered continued injury;

(iv) the domestic industry is likely to suffer continued injury and its performance is likely to deteriorate further, should the existing anti dumping duties be allowed to cease;

(v) cessation of the present duty is likely to lead to continuation of dumping and injury;

(vi) thus the anti dumping duties are required to be extended and modified;

and has recommended continued imposition of definitive anti-dumping duty on modified rates on imports of the subject goods originating in, or exported from, the subject country.

Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the Customs Tariff Act, read with rules 18 and 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, on the basis of the aforesaid findings and recommendation of the designated authority, hereby imposes anti- dumping duty on the goods, the description of which is specified in column (3) of the following Table, specification of which is specified in column (4) of the said Table, falling under headings of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2),originating in the country specified in the corresponding entry in column (5), exported from the country specified in the corresponding entry in column (6), produced by the producer specified in the corresponding entry in column (7), exported by the exporter specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10) of the aforesaid Table, namely:-

Table

Sl.

No.

Headings

Description

of

goods

Specification

Country of origin

Country

of export

Producer

Exporter

Amount

Unit of measurement

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

1.

2831,

2832

Sodium Hydrosulphite

All Grades

People’s Republic of China

Any

Any

Any

435.39

Metric Tonne

US Dollar

2.

2831,

2832

Sodium Hydrosulphite

All Grades

Any

People’s Republic of China

Any

Any

435.39

Metric Tonne

US Dollar

2. The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, amended and superseded earlier) from the date of publication of this notification in the Official Gazette, and shall be payable in Indian currency.

Explanation.- For the purposes of this notification, rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by section 14 of the Customs Act, 1962, (52 of 1962), and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.